Gaffarena wins permit to build warehouses over 2,800 square metres of Kirkop agricultural land

The Planning Authority’s appeals tribunal (EPRT) has overturned the refusal of a permit for entrepreneur Marco Gaffarena to build warehouses over 2,800 square metres of land outside development zones in Kirkop.

The land is designated as agricultural land in the local plan, but Gaffarena had argued that the site is surrounded by similar developments owned by third parties which had been previously awarded permits by the Planning Authority.

The tribunal justified overturning the decision, arguing that the site consists of a former quarry surrounded by existing roads.

It also pointed out that although the quarry is exhausted and partly reclaimed, its agricultural use is limited by its small size. It said the permit should be assessed in the same way as two other permits issued in its vicinity.

The tribunal also specified that the warehouse development should not rise above the level of the street.

Gaffarena had originally proposed 33 warehouses built on two floors above the street level.

The roof of the warehouses has to be landscaped and used for parking. While upholding the principle of the development, the tribunal left it up to the PA to decide on the new design and plans which have to be submitted by Gaffarena.

Transport Malta had vetoed the proposal by Gaffarena back in 2014, because according to government policy, the area is to be retained for aviation-related development. “This area should be safeguarded against incompatible proposals,” Transport Malta’s official David Sutton wrote in an objection presented to the PA.

In August 2004, the PA had refused an application presented by Gaffarena to build 13 warehouses in the same area, deeming that it would be in breach of the Structure Plan, which does not permit urban development outside existing and committed built-up areas.